ACLU Calls for Investigation into NSL Abuse

Washington, DC – The American Civil Liberties Union yesterday called on
Department of Justice Inspector General Glenn Fine to begin an internal
investigation into the Federal Bureau of Investigation’s (FBI) use of National
Security Letters (NSLs), and whether they were used to funnel Americans’ private
information to the Department of Defense (DOD). The NSL statute is a tool used
by law enforcement to compel the release of information, such as communications
or business records, without a court order. The revelation that the military is
getting the FBI to issue NSLs in strictly DOD investigations was disclosed in
documents obtained by the ACLU through a Freedom of Information Act lawsuit. The
ACLU sent a letter to Fine yesterday asking him to investigate whether the FBI
has aided the DOD in circumventing the law.

"If the DOD has, in fact, used the FBI to sidestep the law and gain access to
Americans’ private information that they are not entitled to, there should be
swift and severe consequences," said Anthony D. Romero, executive director of
the ACLU. "The military has no business conducting domestic investigations. A
tool as invasive and susceptible to abuse as the NSL authority should have as
many safeguards as possible. Given the last two reports by Mr. Fine’s office
regarding the FBI’s abuse of NSLs, it’s clear that both agencies are either
unwilling or unable to police themselves when it comes to this intrusive power."

The ACLU’s letter to Fine points out that Congress deliberately gave the DOD
limited NSL authority. This authority does not include issuing forms of NSLs
that permit access to phone and email communication records. This authority may
only be used by the FBI, and must be in relation to an authorized investigation.
The ACLU noted that the DOD’s use of the FBI suggests the department was
attempting to subvert the law and get information beyond its reach.

Congressman Jerrold Nadler (D-NY) and Senator Russell Feingold (D-WI) have
each introduced bills in the House and Senate, respectively, aimed at narrowing
the scope of the NSL authority. Both bills are entitled the "National Security
Letter Reform Act." The ACLU supports these efforts.

"The FBI has routinely abused the NSL statute, making it apparent that the
agency cannot be trusted with this authority," said Caroline Fredrickson,
director of the ACLU Washington Legislative Office. "Laws have been broken,
Americans’ civil liberties have been compromised, and yet the FBI is still
allowed to demand Americans’ personal information without any judicial
oversight. It is past time for Congress to rein in these abuses of power."

Also yesterday, the ACLU released an interested persons memo on the latest
reports by Inspector General Fine regarding the FBI's ongoing abuse of its NSL
and Section 215 authorities. In the memo, the ACLU highlights the FBI's
continuing use of gags on NSL recipients and notes, among other significant
failings, the FBI has not established minimization procedures to limit the
retention of private data as required by statute. The memo also highlights
Fine's misgivings about whether new internal controls established by the FBI and
Department of Justice after the last NSL report will be successful, given the
nature and scope of the problems he continues to uncover.